The administration of student discipline is a necessary part of the total educational process, to assist in your personal development and to protect our academic community.
- The Student Code of Conduct outlines your basic rights and responsibilities at Â鶹´«Ã½.
- By virtue of your enrollment, you are responsible to the University for your conduct.
- You will be held accountable for the standards of behavior outlined in this Code of Conduct during your time at Â鶹´«Ã½.
Click here to visit Â鶹´«Ã½'s Student Conduct Hub (link) to learn more about Student Conduct at Â鶹´«Ã½ and connect with Conduct Administrators.
A university has the obligation to seek, disseminate, and use knowledge in pursuing truth. This pursuit is a sensitive undertaking that flourishes only under special conditions and circumstances. To create and sustain these conditions and circumstances, the academic community has found it necessary to set expectations of an academic and nonacademic nature to maintain order and fairness on the campus and within the community.
These rules protect students from the improper behavior of anyone who would infringe upon the rights of others. Certain principles have been found to have a direct impact on community living within a university setting. Each student strengthens the University when he or she lives by these principles and accepts the responsibility and freedom of self-government. These principles include, but are not limited to the following:
- Maintaining academic honesty.
- Respecting University and private property.
- Keeping faith with University regulations.
- Showing respect for others, to include restraint from conduct that threatens the health or safety of any person.
Honesty and respect for others are indispensable attributes of the members of any well-ordered society, especially a university. Also indispensable is a genuine respect for legally established laws and regulations. The scope of these rules and regulations is determined by the announced objectives of the University and the extent to which it has reasonably determined that certain rules are fairly related to the accomplishment and protection of those stated objectives.
The submission of an application for admission to the University represents a personal and voluntary decision on the part of a prospective student to abide by these. The University’s approval of that application represents the extension of privilege to join the academic community and to remain a part of it, as long as the student maintains the academic and behavioral expectations set forth in the policies and regulations of the University (the Student Handbook, Undergraduate and Graduate catalogs, and the Law School Student Handbook).
In addition, the University subscribes to all federal, state, and local laws, including those governing the possession and use of controlled substances, and requires its students to obey those laws.
The administration of student discipline is a necessary part of the total educational process to assist the student in personal development and to protect the academic community. Every student is expected to observe the highest standards of conduct, both on and off campus and while participating in an Â鶹´«Ã½ City University sponsored International Education Program.
Not only must disciplinary procedures be reasonable and fair, they must also be effective. Effectiveness is particularly dependent on the overall attitude of the University community itself. In addition to assuming a widely shared commitment to the principle of institutional self-governance, such effectiveness requires that violations of the Student Code of Conduct be reported; that complaints be filed by those who have the responsibility to do so; that witnesses will report if called; that findings of responsibility be made when the information so warrants; that appropriate outcomes be imposed when responsibility is found; that disciplinary proceedings will be conducted without fear of intimidation or of retaliation against those who participate; and that students must be willing to participate in the proceedings and to respect the finality of their results.
In a university, a strong sense of mutual responsibility, respect, trust, and fairness must exist among all members of the campus community: students, faculty, staff, and administration. In this framework of cooperation, while the emphasis is on personal freedom, each student is charged with the responsibility of self-control and self-reliance. To that end, those living in the University’s residence halls must respect the rights of others and live according to approved social principles. Although personal freedom and self-control are stressed, violation of the above standards of behavior may be handled, as appropriate, by the Office of the Dean of Students, the Student Conduct Board, the SGA Student Court or the Law School Disciplinary Tribunal. Students who violate these rules may be subject to outcomes up to and including dismissal from the University.
Since its beginning, the University has emphasized the important role it plays in Christian higher education. This emphasis has led to an increasing awareness on the part of the University of the importance of the development of certain basic values.
Accordingly, the University holds its students to the highest standards of ethical conduct. The University cannot accept responsibility for the education of any student who does not endorse its purposes and regulations, and reserves the right to dismiss any undergraduate, graduate, or law student whose conduct or academic standing it regards as unacceptable. In such cases, any fees due or paid to the University will not be refunded in whole or in part, and neither the University nor its officers shall be under any liability whatsoever for such dismissal.
- The term “University†means Â鶹´«Ã½ City University.
- The term “student†includes all persons taking courses or receiving instruction at the University and individuals participating in International Education Programs. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled but have a continuing relationship with the University or who have been notified of their acceptance for admission are considered “students†as are those persons who are living in University on-campus housing although not enrolled at this institution.
- The term “Faculty Member†means any person hired by the University to conduct classroom activities or teaching activities, or otherwise considered by the University to be a member of its faculty.
- The term “University official†includes any person employed by the University, performing assigned administrative or professional responsibilities.
- The term “member of the University community†includes any student, faculty member, University official, trustee, or other person employed by or contracted by the University. A person’s status in a particular situation shall be determined by the Associate Dean of Students or their designee.
- The term “University premises†includes all land, buildings, facilities, and other domestic property in the possession of or owned, used or controlled by the University (including adjacent streets and sidewalks).
- The term “organization†means any number of persons who are in the process of complying or have complied with the formal requirements for University recognition.
- The term “Student Conduct Board†means any person authorized by the University to determine whether a student has violated the Student Code and to recommend outcomes that may be imposed when a rules violation has been committed. If at any time the Board consists of more than one member, a chairperson shall be elected to oversee the Board’s proceedings. The Student Conduct Board shall always consist of an odd number of members to prevent the possibility of tie votes.
- The term “Student Code Administrator†refers to the Associate Dean of Students or their designee serving as the administrator of a particular matter.
- The term “Administrative Hearingâ€, “Student Accountability Meeting,†or “Conduct Hearing,†(different form “Conduct Board Hearingâ€) or “Information Gathering Meeting†refers to a conduct meeting between a student and a Student Code Administrator to gather information for an ongoing Student Conduct process, formal or informal meetings pertaining to an ongoing conduct process or determine whether a student has violated the Student Code. Violations and outcomes, if necessary, are typically resolved by mutual consent of the parties involved on a basis acceptable to the Student Code Administrator. Such disposition shall be final, and there shall be no subsequent proceedings.
- The term “Appellate Officer†means the person authorized by the University to consider an appeal from Student Conduct Board’s determination as to whether a student has violated the Student Code or from the outcomes imposed by the Student Code Administrator.SUPER SEXY F
- The term “shall†is used in the imperative sense.
- The term “may†is used in the permissive sense.
- The Associate Dean of Students or their designee is that person designated by the University to be responsible for the administration of the Student Code.
- The term “policy†means the written regulations of the University as found in, but not limited to the Â鶹´«Ã½ Student Handbook, Â鶹´«Ã½ Law School Student Handbook, Student Code, the Residence Life regulations, the University web page and computer use policy, and the Law, Graduate and Undergraduate Catalogs.
- The term “Complainant†means any person who submits a charge alleging that a student violated this Student Code. Any student who believes that s/he has been a victim of another student’s misconduct will have the same rights under this Student Code as are provided to the Complainant, even if another member of the University submitted the charge itself.
- The term “Respondent Student†means any student that has been accused of allegedly violating this Student Code.
- The term “University housing†refers to all residence halls, Cokesbury Court Apartments, fraternity residences approved as on-campus living, adjacent sidewalks/parking lots/structures to on-campus housing, and any future construction which provides residence living for University students, faculty, and/or staff.
- The term “Default judgement†refers to the assignment of conduct outcomes due to a respondent student’s lack of engagement with pending conduct allegations and/or refusal to participate in the Student Code of Conduct.
- The term “Student Advisor†refers to a member of the University community and may not be an attorney unless the student has pending criminal charges directly related to the student conduct code violation. The Complainant and/or the Respondent Student is responsible for presenting their own information, and therefore, advisors are not permitted to speak or participate directly in any Student Conduct procedure. A student shall select as an advisor a person whose schedule allows attendance at the scheduled date and time for the student’s conduct procesures.
The Student Conduct Administrator shall determine the composition of Student Conduct Boards and Appellate Boards and determine which Student Conduct Board, Student Conduct Administrator and Appellate Board shall be authorized to hear each matter.
The Associate Dean of Students or their designee shall develop policies for the administration of the student conduct system and procedural rules for the Student Conduct Board Hearings that are not inconsistent with provisions of the Student Code. Decisions made by the Student Conduct Board and/or Student Conduct Administrator shall be final pending the normal appeal process.
Complaints against students that constitute discrimination, harassment, sexual violence, dating violence, domestic violence, stalking and/or retaliation will be forwarded to the Compliance Coordinator for administration under the Policy Concerning Actions That Constitute Discrimination, Harassment, Sexual Violence, and/or Retaliation.
The Division of Student Affairs recognizes that the potential for disciplinary action by the Office of the Dean of Students may act as a barrier to students seeking medical assistance for themselves or other students in alcohol or other drug-related emergencies; therefore, the Division of Student Affairs maintains a medical amnesty protocol. In these incidents, the primary concern is the well-being, health, and safety of students.
Students needing medical assistance during an alcohol or other drug-related emergency will not face formal conduct action by the Office of the Dean of Students for the mere possession or use of alcohol or drugs. The recipients of medical attention will avoid formal conduct action through the nonacademic conduct process if they participate in an honest and forthright meeting with a representative from the Office of the Dean of Students within five business days of the incident and comply with any recommendations prescribed by the office.
The Dean of Students or their designee may extend the five business days requirement as necessary.
Additionally, any student(s) or a student organization seeking medical assistance for themselves or another person during an alcohol or other drug-related emergency will not face formal conduct action by the Office of the Dean of Students for the mere possession or use of alcohol or drugs. In order to acquire medical amnesty, these individuals or representatives from organizations may need to participate in an honest and forthright meeting with a representative from the Office of the Dean of Students within five business days of the incident and comply with any recommendations prescribed by the office.
Medical amnesty applies only to alcohol or other drug-related medical emergencies and does not apply to other prohibited conduct such as assault, property damage or distribution of illicit substances.
Click here to see the Â鶹´«Ã½ Medical Amnesty Policy (link).
The University Student Code of Conduct is meant to be a guide for students. These regulations are designed to promote civility, maintain a safe and secure environment, protect the rights of individual privacy, and to protect both personal and university property.
The University reserves the right to make exceptions to the written discipline procedures if necessary. The list of rules and regulations is not inclusive.
Scope: The Â鶹´«Ã½ City University Student Code of Conduct shall apply to conduct that occurs on University premises and at University-sponsored activities, and to off-campus conduct, including any form of electronic transmission and the Internet that may adversely affect the University Community and/or the pursuit of its objectives.
Individual Responsibility: Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree. Students are responsible while residing in university housing. This responsibility extends to conduct that may occur before Â鶹´«Ã½ begin or after Â鶹´«Ã½ end, as well as during the academic year and during periods between terms of actual enrollment (and even if his/her conduct is not discovered until after a degree is awarded).
Guests: Each student shall be responsible for the conduct of his/her guests while those guests are on-campus or attending University functions.
Withdrawals: The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.
Off Campus: The Associate Dean of Students or their designee shall decide whether the Student Code of Conduct shall be applied to conduct occurring off-campus, on a case-by-case basis, in his/her sole discretion.
Any student found to have committed or to have attempted to commit the following misconduct[1] is subject to disciplinary outcomes outlined in Article V:
1. Acts of Dishonesty: Acts of dishonesty, including but not limited to the following:
- Furnishing false information to any University official, faculty member or office.
- Forgery, alteration, or misuse of any University document, record, or instrument of identification.
2. Disruption or Obstruction: Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other University activities, including its public service functions, on- or off-campus.
3. Threats to Safety: Conduct which threatens the health or safety of any person.
4. Distractions: Conduct which distracts from the academic environment.
5. Threats and Abuse: Physical abuse, verbal abuse, threats, intimidation, harassment, or coercion[2].
6. Theft and Damage: Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property, on- or off- campus.
7. Financial Obligations: Failure to satisfy University financial obligations.
8. Animal Neglect: Neglect of an animal regardless of intent.
9. Hazing: Hazing acts may include but are not limited to:
- Any physical abuse expected of or inflicted upon another, including paddling, tattooing, or branding in any form;
- Any strenuous physical activity expected of or inflicted upon another, including calisthenics;
- Creation of excessive fatigue, sleep deprivation, or interference with scholastic activities, including late night work sessions, meetings, or sleepovers;
- Physical and psychological shocks, including lineups, berating, verbal abuse, threats, and name calling;
- Sexual violations or other required, encouraged, or expected sexual activity, whether actual or simulated;
- Prolonged exposure to severe or inclement weather;
- Periods of silence or social isolation;
- Kidnapping, abandonment, scavenger hunts, or any other questionable excursions;
- Wearing of uniforms or apparel that is conspicuous or not normally in good taste;
- Engaging in degrading or humiliating games, activities, stunts, or buffoonery; including requiring, encouraging, or expecting individuals to carry, possess, or maintain objects or items;
- Requiring or compelling the consumption of liquid (including alcohol), food, drinks, or other substances;
- Servitude or placing another in a position of servitude, including requiring, encouraging, or expecting a new member to do the tasks of, or to do tasks for, an experienced member, or to address members with honorary or formal titles;
- Taking, withholding, or interfering with an individual’s personal property;
- Falsely leading an individual or individuals to believe that they will be inducted or initiated by participating in particular activities;
- Depriving an individual of any privileges of membership or affiliation to which one is entitled;
- Removing, stealing, taking, or damaging public or private property;
- Requiring, encouraging, or expecting individuals to participate in activities that are illegal or unlawful or are not consistent with the group's mission or values or the policies of the University, and
- Acts prohibited by Â鶹´«Ã½ Statutes as Section 1190 of Title 21.
10. Failure to comply: Failure to comply with the directions of University officials or law enforcement officers, or with Student Code Hearing officer(s) acting in the performance of their duties, and/or failure to identify oneself to these persons when requested to do so.
11. Keys: Unauthorized possession, duplication or use of keys to any University premises or unauthorized entry to or use of University premises.
12. Rule Violations: Violation of any University policy, rule or regulation published in hard copy, available electronically on the University website or officially communicated by the University.
13. Laws: Violation of any federal, state or local law.
14. Controlled Substances[3]: The University prohibits the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs; misuse or abuse of prescribed medication; and the possession*, use, or being under the influence of illegal drugs, medical marijuana, and/or prescribed medications that cause impairment in the workplace, on its premises, or as a part of any University-sponsored activities.
15. Alcohol: The use, possession, manufacture, or distribution of alcoholic beverages, and any form of public intoxication, on campus. Attending Â鶹´«Ã½ and/or University activities while under the influence of alcohol, or any other controlled substance, is also consider a violation of the Code of Conduct
16. Alcohol and Minors: Consuming alcohol in the presence of minors on and/or providing alcohol to minors.
17. Tobacco: Â鶹´«Ã½ City University is a Tobacco Free Campus. According to University policy, tobacco use is prohibited both indoors and outdoors, including all common areas, building entrances, athletic fields, sidewalks, and parking lots.
18. Possession of Paraphernalia: Equipment or elements related to the consumption, manufacturing, or distribution of alcohol, tobacco, marijuana, or any other controlled substance, are forbidden on Â鶹´«Ã½ property.
19. Firearms, explosives, chemicals: Possession[4] or use of firearms, air rifles, toy guns, explosives, other weapons, or dangerous chemicals on University premises.
20. Demonstrations: Participating in an on-campus or off-campus demonstration, riot or activity that disrupts normal operations of the University and/or infringes on the rights of other members of the University community, including leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area[5].
21. Obstructing traffic: Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
22. Lewd and Disorderly Conduct: Conduct that is disorderly, lewd, or indecent; or breaches the peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community.
23. Megaphones and Amplification: Use of personal portable amplification equipment (e.g. mega-phones, radios) in a manner that disturbs the privacy of other individuals and/or the instructional program of the University.
24. Unauthorized recordings: Any unauthorized use of electronic or other devices to make or attempt to make an audio or video record of any person while on University premises without their prior knowledge, or without their effective consent in writing when such a recording is likely to cause injury or distress. This includes, but is not limited to, secretly taking pictures or videos of another person in a gym, locker room or restroom.
25. Electronic Theft or Abuse: Theft or other abuse of computer facilities and resources, including but not limited to:
- Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Use of another individual’s identification or password.
- Use of computing facilities and resources to interfere with the work of another student, staff, faculty member or University official.
- Use of computing facilities and resources to send obscene or abusive messages.
- Use of computing facilities and resources to interfere with normal operations of the University computing system.
- Use of computing facilities and resources in violation of copyright laws.
- Any violation of the Â鶹´«Ã½ City University Computer Use Policy.
26. Social Conduct and Social Media: Engaging in irresponsible social conduct (including online through social media or any other method) that reflects poorly upon the University community both on and off-campus and to model good citizenship in any community.
27. Student Code System Abuse: Abuse of the Student Code System, including but not limited to:
- Failure to obey the notice from a Student Conduct Board or University official to appear for a meeting or Hearing as part of the Student Conduct System.
- Falsification, distortion, or misrepresentation of information in an Administrative Hearing or before a Student Conduct Board.
- Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
- Initiation of a Student Code proceeding in bad faith.
- Attempting to discourage an individual’s proper participation in, or use of the student conduct system.
- Attempting to influence the impartiality of a member of a Student Conduct Board prior to and/or during the Student Conduct Board proceeding.
- Harassment (verbal, electronic or physical) and/or intimidation of any person involved or perceived to be involved with the adjudication and/or administration of an alleged violation of the Student Code prior to, during, and/or after a Student Code proceeding.
- Failure to comply with the outcome(s) imposed under the Student Code.
- Influencing or attempting to influence another person to commit an abuse of the Student Code system.
28. Complicity: Having knowledge of and failing to report violations of the Code of Conduct is considered complicity in those violations.
29. Retaliation: Acting against a student because of their participation in the conduct process, or because they notified University authorities about a violation of the code of conduct.
***
[1] Procedures related to Academic Honesty issues are found in the Â鶹´«Ã½ City University Undergraduate, Graduate and Law catalogs (link).
[2] Complaints against students that constitute discrimination, harassment, sexual violence, dating violence, domestic violence, stalking and/or retaliation will be forwarded to the Compliance Coordinator for administration under the Â鶹´«Ã½ City University Nondiscrimination Policy and Equity Resolution Process.
[3] Updated Regulations on the use and possession of Marijuana: The State of Â鶹´«Ã½ passed the Â鶹´«Ã½ Marijuana Act allowing the use of medical marijuana. However, at Â鶹´«Ã½ City University, no person may possess or use marijuana, in any form, or be under the influence of marijuana on any university property or at any off-campus university event, even with a valid medical marijuana patient license. In response to former President George H. W. Bush's national drug control strategy, Congress passed legislation to require schools, colleges, and universities to implement and enforce drug prevention programs and policies as a condition of eligibility to receive federal financial assistance. On December 12, 1989, President Bush signed the Drug-Free Schools and Communities Act Amendments of 1989 (Amendments) Public Law 101-226. Section 22 of the Amendments amends provisions for the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965 to require that, as a condition of receiving funds or any other form of financial assistance under any federal program after Oct. 1, 1990, a university or college must submit certification that it has adopted and implemented a drug prevention program. A positive test result for marijuana will not be used as the sole reason to refuse admission into the university if the applicant possesses a valid medical marijuana license issued by the Â鶹´«Ã½ State Department of Health.
[4] In accordance with Â鶹´«Ã½ law, a firearm may be kept in a personal vehicle on any property specifically set aside for the use or parking of any vehicle, whether attended or unattended, provided the firearm is carried or stored as required by law and the firearm is not removed from the vehicle.
[5] For information on Public Demonstrations, please consult Â鶹´«Ã½'s Student Handbook (link).
University discipline proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code. That is, if both possible violations result from the same factual situation, without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceeding off campus at the discretion of the Associate Dean of Students, or their designee. The outcome of any off campus proceeding will have no impact on the university process
The University will not request or agree to special consideration for a student charged by federal, state or local authorities with a violation of law because of their status as a student. If that alleged offense is processed under the Student Code, the University may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided the conditions do not conflict with campus rules or outcomes). Individual students and other members of the University community, acting in their personal capacities remain free to interact with governmental representatives as they deem appropriate.
The boxes below contain the Student Code of Conduct Procedures.
1. Any member of the University community may file charges or submit a complaint against a student for alleged violations of the Student Code. A charge shall be prepared in writing and directed to a Student Conduct Administrator at the Office of the Dean of Students. Any charge should be submitted as soon as possible after the event takes place, preferably within thirty days. Adjudicating alleged violations or complaints might not be possible after this time frame.
2. The Student Conduct Administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of via an Administrative Hearing. If charges are not admitted and/or cannot be disposed of by mutual consent during an administrative meeting, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Board or a member thereof. If the student admits violating institutional rules, but outcomes are not agreed to, subsequent process, including a Hearing if necessary, shall be limited to determining the appropriate outcome(s).
3. If charges cannot be disposed of via an Administrative Hearing, all charges shall be presented to the Respondent Student in written form, and the Respondent Student shall be given a period of no less than seventy-two hours to respond to the charges. A time shall be set for a Student Conduct Board Hearing not more than fifteen classroom days after the student has been notified. Maximum time limits for scheduling of Student Conduct Board Hearings may be extended at the discretion of the Student Code Administrator.
4. Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by Article V (A) (7).
- Student Conduct Board Hearings normally shall be conducted in private.
- The Complainant, Respondent Student, and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or the Student Code Administrator.
- In Student Conduct Board Hearings involving more than one Respondent Student, the Student Code Administrator, in his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.
- The Complainant and the Respondent Student have the right to be assisted by an advisor they choose, at their own expense. The advisor must be a member of the University community and may not be an attorney unless the student has pending criminal charges directly related to the student conduct code violation. The Complainant and/or the Respondent Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student shall select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
- The Complainant, the Respondent Student, and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. Only witnesses able to speak to the substance of an allegation may be called. Character witnesses may submit written statements for inclusion at the hearing, but shall not be called as a witness. At least two classroom days prior to the Student Conduct Board Hearing the University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Respondent Student. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Respondent Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the Hearing and to avoid the creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Board.
- Pertinent records, exhibits, and written statements (including Student Impact and Character Witness Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
- All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
- After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Respondent Student has violated each section of the Student Code which the student is charged with violating.
- The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Respondent Student violated the Student Code.
- Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
5. There shall be a single record of all Student Conduct Board Hearings before a Student Conduct Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the University.
6. If a Respondent Student, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the charges may nevertheless be presented and considered even if the Respondent Student is not present.
7. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent Students and /or other witnesses during Hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where appropriate, as determined in the sole by the Associate Dean of Students, or their designee.
- Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by Article V (A) (7).
- Student Conduct Board Hearings normally shall be conducted in private.
- The Complainant, Respondent Student and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or the Student Code Administrator.
- In Student Conduct Board Hearings involving more than one Respondent Student, the Student Code Administrator, in their her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.
- The Complainant and the Respondent Student have the right to be assisted by an advisor they choose, at their own expense. The advisor must be a member of the University community and may not be an attorney unless the student has pending criminal charges directly related to the student conduct code violation. The Complainant and/or the Respondent Student is responsible for presenting their own information, and therefore, advisors are not permitted to speak or participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student shall select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
- The Complainant, the Respondent Student and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. Only witnesses able to speak to the substance of an allegation may be called. Character witnesses may submit written statements for inclusion at the hearing, but shall not be called as a witness. At least two classroom days prior to the Student Conduct Board Hearing the University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Respondent Student. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Respondent Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the Hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Board.
- Pertinent records, exhibits, and written statements (including Student Impact and Character Witness Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
- All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
- After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Respondent Student has violated each section of the Student Code which the student is charged with violating.
- The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Respondent Student violated the Student Code.
- Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
- There shall be a single record of all Student Conduct Board Hearings before a Student Conduct Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the University.
- If a Respondent Student, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the allegations of misconduct may nevertheless be presented and considered even if the Respondent Student is not present.
- The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent Students and /or other witnesses during Hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where appropriate, as determined in the sole by the Associate Dean of Students, or their designee.
Students who participate in International Education Programs are subject to the Â鶹´«Ã½ City University Student Code while at the program site. The following are Hearing procedures in the event a student participating in an International Education Program is Respondent of violating the Student Code:
- The sponsoring program institution will forward incident reports and any supporting documents to the Â鶹´«Ã½ City University Office of Global Engagement immediately following the incident. The Office of Global Engagement will contact the appropriate University offices.
- In situations where the Respondent student is not available to appear in person at the Â鶹´«Ã½ City University home campus, when appropriate, the Associate Dean of Students, or their designee, will designate a Student Code Administrator at the international site.
- In the event a designee is not designated, the Associate Dean of Students, or their designee, may conduct a student conduct Hearing by telephone or other means of communication or upon the return of the student to campus
- All Student Conduct Hearings will be conducted as prescribed in this Student Code.
- All outcomes listed in the Student Code, including interim suspension may be employed in the event a student is found responsible.
- In the case of arrest or other legal issues, Â鶹´«Ã½ City University assumes no financial responsibility for legal aid costs associated with expulsion from the University while participating in an International Education Program (Study Abroad), included but not limited to return transportation to the U.S. from a host country. However, when appropriate, a University liaison may provide assistance in contacting family and appropriate government offices.
- Any expenses related to the Hearing and outcomes, including travel, lodging, meals, etc., will be the responsibility of the Respondent student if found responsible.
1. The following outcomes may be imposed upon any student found to have violated the Student Code:
- Warning: A notice in writing to the student that the student is violating or has violated institutional regulations; a copy of the notice shall be placed in the student’s discipline file.
- Probation: A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary outcomes if the student is found to be violating any institutional regulation(s) during the probationary period. Students under behavioral probation may be excluded from elected, appointed, or selected student leadership positions for the duration of their probation.
- Loss of Privileges: Denial of specified privileges for a designated period of time.
- Fines: Previously established and published fines may be imposed.
- Alcohol & Other Drug Fee: Administrative fees associated with alcohol and/or drug violations.
- Alcohol and/or Drug Assessment: In-person assessment conducted by Licensed Counselors in the University Counseling Center.
- Restitution: Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Mediation: When a conflict between students, or group of students, arises due to a lack of understanding and communication, the Conduct Office may recommend a mediated conversation between the parties. This Mediation is non-legal in practice and aims to restore (if and when possible) the damaged relationship between those involved via mutually agreed outcomes.
- Restorative Justice and Discretionary Outcomes: At times a conduct case can lead to the need for accountability, repairing harm, and rebuilding trust. Students in these situations may be tasked with educational sessions, reflective essays, community service, service to the University, or other related discretionary assignments/outcomes.
- Default Judgment: Assignment of conduct outcomes due to a respondent student’s lack of engagement with pending conduct allegations and/or refusal to participate in the Student Code of Conduct.
- University Housing Suspension: Separation of the student from University Housing for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
- University Housing Expulsion: Permanent separation of the student from University Housing.
- University Suspension: Separation of the student from Â鶹´«Ã½ City University for a definite period of time, after which the student is eligible to return. Conditions for readmission will be specified.
- Expulsion: Permanent separation of the student from Â鶹´«Ã½ City University.
- Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining a degree, or for other serious violations committed by a student prior to graduation.
- Withholding Degree: The University may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Code, including the completion of all outcomes imposed, if any.
2. Multiple Outcomes: A violation may result in a student (or group of students) receiving one or more of the outcomes listed above.
3. Failure to complete outcomes: If a student fails to complete assigned outcomes prior to the end of an academic term or the mandated completion date, the Associate Dean of Students, or their designee, can have a transcript and/or grade hold placed on that student’s account.
4. Permanency of Conduct Records: Other than University expulsion or revocation or withholding of a degree, disciplinary outcomes may not be made part of the student’s permanent academic record, but may become part of the student’s disciplinary record. University suspension may be made part of a student’s permanent academic record at the discretion of the investigating party. Students will be given the opportunity to petition the Office of the Dean of Students to have the transcript notation removed no earlier than one year after the conclusion of the suspension. Students who withdraw from the University prior to resolution of the conduct process will receive a permanent academic record notation.
5. Expungement of Records: Upon graduation and upon application to the Student Code Administrator, a student’s disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, University suspension and University expulsion, or revocation or withholding of a degree. Disciplinary records will be maintained. However, disciplinary actions other than residence hall expulsion, University suspension, University expulsion or revocation or withholding of a degree shall not be disclosed to third parties seven years after the student’s final enrollment with the University. Students that qualify for an expungement of conduct records can contact the Office of the Dean of Students
6. The following outcomes may be imposed upon groups or organizations:
- Those outcomes listed above in Article V (C).
- Loss of selected rights and privileges for a specified period of time.
- Deactivation: loss of all privileges, including University recognition, for a specified period of time.
7. When a Student Conduct Administrator determines that a student and/or group or organization has violated the Student Code, the outcomes(s) shall be determined and imposed by the Student Code Administrator. When persons other than, or in addition to, the Student Code Administrator have been authorized to serve as the Student Conduct Board, the recommendation of the Student Conduct Board shall be considered by the Vice President for Student Affairs in determining and imposing outcomes. The Vice President for Student Affairs is not limited to outcomes recommended by members of the Student Conduct Board. Following the Student Conduct Board Hearing, the Student Conduct Board and the Vice President for Student Affairs shall advise the Respondent Student, group and/or organization (and a complaining student who believes s/he was the victim of another student’s conduct) in writing of the determination and of the outcome(s) imposed, if any.
In certain circumstances, the Dean of Students, or their designee, may impose an interim University or residence hall restriction prior to an Administrative Hearing or Student Conduct Board Hearing.
- Interim restriction may be imposed only a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
- During the interim restriction, a student may be denied access to the residence halls and/or to the campus (including Â鶹´«Ã½) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Associate Dean of Students, or their designee, may determine to be appropriate.
- While on interim restriction, students may be instructed to direct all University-related communication, including communication with course instructors, to the Associate Dean of Students, or their designee.
- A student who is placed on interim restriction but is later permitted to return to campus may request to the instructor to make up any academic work missed during the time in which the interim restriction was imposed. It is the student’s responsibility to make specific arrangements with the faculty member to complete assignments.
- The interim restriction does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required.
- The University will not reimburse the student for any expenses incurred during the interim restriction period.
A decision reached by the Student Conduct Board may be appealed by the Respondent Student(s) or Complainant(s) to the Vice President for Student Affairs serving as the appellate officer within five (5) classroom days of the notification of the decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student Affairs.
Except as required to explain the basis of new information, an appeal shall be limited to a review of record of the Student Conduct Board Hearing and supporting documents for one or more of the following purposes:
- To determine whether the Student Conduct Board Hearing was conducted fairly in light of the allegations of misconduct and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures shall not be a basis for sustaining an appeal unless significant prejudice results.
- To determine whether the decision reached regarding the Respondent Student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
- To determine whether the outcome(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
- To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original Hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board Hearing.
The Vice President for Student Affairs will determine whether the grounds for appeal have been asserted and whether further process is necessary to resolve the appeal. If there is no basis for an appeal review, then the original response and any outcomes will stand.
The Vice President for Student Affairs may determine the following appeal outcomes:
- Return the case back to the original Student Conduct Hearing Board for reconsideration.
- Alter the decision and/or the outcome(s).
- Uphold the decision and/or outcome(s). If the original decision was deferred during the appeal process, new deadlines may be established for the original outcomes(s) as deemed appropriate by the appellate body.
The decision of the Vice President for Student Affairs will be provided to the student in writing within fifteen classroom days of receipt and is final.
Suspensions, expulsions, and removal from campus housing will not take effect until the appellate process is complete, except in cases of interim suspensions or other emergency action.
Interpretation
Any question of interpretation or application of the Student Code of Conduct shall be referred to the Associate Dean of Students, or their designee, for final determination.
Review
The Student Code of Conduct shall be reviewed annually under the direction of the Associate Dean of Students, or their designee.
REPORTING VIOLATIONS OF STUDENT CONDUCT POLICIES
Send a notification to the Office of the Dean of Students
- Using Â鶹´«Ã½'s (link to webpage), click on the form labeled ""
- This notification is shared with the office of the Dean of Students.
- This is the proper way of securing a full investigation on the allegations or reports of misconduct.
Disclaimer
The policies set forth herein do not constitute a contract. Â鶹´«Ã½ City University reserves the right to change and/or replace any portion of these policies at any time. These policies supersede and replace every prior written policy. The Â鶹´«Ã½ City University (the “Universityâ€) campus and facilities are private property. As officers of a private corporation, the Â鶹´«Ã½ City University Board of Trustees and designated University officials have the power to enact and enforce regulations they believe to be in the best interest and the preservation of the educational climate and the purpose of the University. Members of the campus community and visitors to the campus are expected to abide by University regulations as well as federal, state, and local laws. Any person(s) not willing or able to do so may be subject to disciplinary action by University and/or civil authorities.